Please read the following terms and conditions very carefully as your use of this service is subject to your acceptance of and compliance with the following terms and conditions (“Terms”). By subscribing to or using any of our services you agree that you have read, understood and are bound by the Terms, regardless of how you subscribe to or use the services. If you do not want to be bound by the Terms, you must not subscribe to or use our services. In these Terms, references to “you”, “User” shall mean the end user accessing the Website, its contents and using the Services offered through the Website, “Service Providers” mean independent third party service providers, and “we”, “us” and “our” shall mean The Purple Sack.
Our Website (“Website”) is an Internet based content and e-commerce portal owned by The Purple Sack and operated by The Purple Sack (“the Company”), a company incorporated under the laws of India.
Use of the Website is offered to you conditioned on acceptance without modification of all the terms, conditions and notices contained in these Terms, as may be posted on the Website from time to time. The Company at its sole discretion reserves the right not to accept a User from registering on the Website without assigning any reason thereof.
USER ACCOUNT, PASSWORD & SECURITY
You will receive a password and account designation upon completing the Website’s registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify the Company of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 2.
The Company provides a number of Internet-based services through the Web Site (all such services, collectively, referred to as the “Service”)
You understand that once You register as a The Purple Sack user on the Website or place an order on the Website, You will receive SMS messages and emails from The Purple Sack on Your registered mobile number and/or email address. These messages/emails could relate to Your registration, or any updates and promotions that are undertaken by The Purple Sack. Please note that The Purple Sack will send these SMS messages/emails only to the registered mobile number or such other number or registered email address that You may designate for any particular purpose.
The User agrees and undertakes not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from this Website. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of this Website is not permitted.
USER CONDUCT & RULES
You agree and undertake to use the Website and the Service only to post and upload messages and material that are proper by way of example, and to carry out other lawful activities, and you agree and undertake that when using a Service, you will not:
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others;
Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;
Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force in or outside India; and
Violate any of the terms and conditions of this Agreement or any other terms and conditions for the use of the Website contained elsewhere herein.
EXACTNESS NOT GUARANTEED
We hereby disclaims any guarantees of exactness as to the finish and appearance of the final Product as ordered by the user. The quality of any products, Services, information, or other material purchased or obtained by you through the Website may not meet be identical to as depicted on the Website. In this instance you agree that The Purple Sack’s return/exchange policy) shall be binding and enforceable in all respects.
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, The Purple Sack owns all Intellectual Property Rights to all content on this Website, including, goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to The Purple Sack without obtaining authorization from The Purple Sack website. This website does not own any and all rights, title and interest in and to copyright, related rights, registered designs, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not) to the products sold on The Purple Sack website
LINKS TO THIRD PARTY SITES
The Website may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of The Purple Sack website and The Purple Sack is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site The Purple Sack is not responsible for any form of transmission, whatsoever, received by you from any Linked Site. The Purple Sack is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by The Purple Sack or the Website of the Linked Sites or any association with its operators or owners including the legal heirs or assigns thereof. The users are requested to verify the accuracy of all information on their own before undertaking any reliance on such information.
COPYRIGHT INFRINGEMENT, NOTICE & TAKE-DOWN PROCEDURE
The Purple Sack sources all products on the website through third-party vendors and specifically prohibits the posting of any content, products or text that violates or infringes the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity. If you believe that any material or product contained on this Site infringes your copyright or other intellectual property rights, you should notify us of your copyright infringement claim in accordance with the following procedure. The Purple Sack will process notices of alleged infringement which it receives and will take appropriate action as required by the Intellectual Property Office of Singapore. The IPOS requires that notifications of claimed copyright infringement should be sent to this Site’s Designated Agent at the following address: email@example.com
To be effective, the notification must be in writing and contain the following information:
Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and
Information reasonably sufficient to permit the service provider to locate the material;information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
DISCLAIMER OF WARRANTIES/DISCLAIMER OF LIABILITIES
The Purple Sack has endeavored to ensure that all the information on the Website is correct, but The Purple Sack neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information, product or Service. In no event shall The Purple Sack be liable for any direct, indirect, punitive, incidental, special, consequential damages or any other damages resulting from: (a) the use or the inability to use the Services; (b) unauthorized access to or alteration of the user’s transmissions or data; © any other matter relating to the services; including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Website or Service. Neither shall The Purple Sack be responsible for the delay or inability to use the Website or related services, the provision of or failure to provide Services, or for any information, software, products, services and related graphics obtained through the Website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise. Further, The Purple Sack shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond the Company’s control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
You agree to indemnify, defend and hold harmless The Purple Sack from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by The Purple Sack that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms.
Prices for products are described on our Website and are incorporated into these Terms by reference. All prices are in Indian rupees. Prices, products and Services may change at the Company’s discretion.
Title and risk of loss for all products ordered by you shall pass on to you upon The Purple Sack’s shipment to the shipping carrier.
The Purple Sack may suspend or terminate your use of the Website or any Service if it believes, in its sole and absolute discretion that you have breached a term of these Terms.
Notwithstanding the above, these Terms will survive indefinitely unless and until The Purple Sack chooses to terminate them.
If you or The Purple Sack terminates your use of the Website or any Service, The Purple Sack may delete any content or other materials relating to your use of the Service and The Purple Sack will have no liability to you or any third party for doing so.
You shall be liable to pay for any Service or product that you have already ordered till the time of Termination by either party.
These terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of the courts at Mumbai.
The headings and subheadings herein are included for convenience and identification only and are not intended to describe, interpret, define or limit the scope, extent or intent of the Terms or the right to use the Website by you contained herein or any other section or pages of the Website or any Linked Sites in any manner whatsoever.
INTERPRETATION OF NUMBERS & GENDERS
The Terms herein shall apply equally to both the singular and plural form of the terms defined. Whenever the context may require, any pronoun shall include the corresponding masculine and feminine. The words “include”, “includes” and “including” shall be deemed to be followed by the phrase “without limitation”. Unless the context otherwise requires, the terms “herein”, “hereof”, “hereto”, “hereunder” and words of similar import refer to the Terms as a whole.
If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.
As per these Terms, users are solely responsible for every material or content uploaded on to the Website. The Purple Sack does not review the contents in any way before they appear on the Website. The Purple Sack does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to firstname.lastname@example.org